Dealing with delays
Type:
Presented during:
CEDA Dredging Days 2007 - The Day After we Stop Dredging, Rotterdam
Authors:
Mink E, European Dredging Association and Hoenders R, European Seaports Organisation, Belgium
Abstract: ESPO and EuDA have each assessed within their respective organisations the potential and perceived impact of EU habitats legislation on the port related infrastructure and port operations. Both analyses have been compared and many findings appeared to be similar. In the paper the main issues will be reviewed. The problems are caused by a combination of factors: the designation process of the Natura 2000 sites, the decision making procedure under art 6 of the Habitats Directive, the terminology in the Directives and the multiple approaches to transposition in EU member states.
Port development and dredging projects have suffered from the serious delays in the approval process; if no corrective action is taken, this situation is likely to cause significant economic impact Our analyses have considered existing case law in which ports, estuaries or coastal zones were implied. The different cases have been categorised in function of the outcome. The paper will briefly discuss three typical cases.
On the basis of these findings a list of concerns has been established and good practice recommendations have been formulated for ports concerned by the issue, i.e. ports situated at or near Natura 2000 sites. It is well known that many of the concerns affect also the dredging and marine contracting sector. The paper presents the most
robust guidance currently available for the sector.
Keywords: Habitats Directive, Ports expansion.